10.07.09.13

.13 Hearings for Transfers and Discharges, and Establishment of an Escrow Account.

A. A resident may request a hearing within 30 days of receiving a notice of an intended involuntary transfer or discharge as provided in Regulation .10C of this chapter.

B. Except in an emergency or when the resident has resided in a facility for less than 30 days, after a request for a hearing has been filed, a nursing facility may not discharge or transfer the resident until:

(1) A final decision is issued after the hearing and all requirements of Regulation .11 of this chapter are met; or

(2) The resident consents to the discharge or transfer and withdraws the request for a hearing.

C. Procedure.

(1) The resident shall send a written request for a hearing to the Office of Administrative Hearings by the 30th calendar day after the resident receives the nursing facility's notice of the proposed transfer or discharge.

(2) After receiving the written request, the Office of Administrative Hearings shall schedule a hearing.

(3) The Office of Administrative Hearings shall conduct the hearing in accordance with COMAR 10.01.04 and 28.02.01.

(4) The Department is not a party to a hearing conducted pursuant to this regulation. The parties are the nursing facility and the resident. Therefore, a hearing conducted pursuant to this regulation is not a contested case as defined in the Administrative Procedure Act, State Government Article, §10-202, Annotated Code of Maryland.

D. A facility may require that an escrow account be established when the:

(1) Basis for a resident's discharge is nonpayment; and

(2) Resident continues to reside in the facility pending a final decision.

E. If an escrow account is required under §D of this regulation, the facility shall develop a policy and procedure that is acceptable to the Department concerning the establishment and disposition of funds from the escrow account.